FOREIGN COURT JUDGMENTS AND THE UNITED STATES LEGAL SYSTEM

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Foreign Court Judgments And The United States Legal System

Author : Paul B. Stephan
ISBN : 9789004278929
Genre : Law
File Size : 79.80 MB
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Foreign Court Judgments and the United States Legal System, edited by Paul B. Stephan, gathers essays from leading thinkers, scholars and practitioners in international law to address the recognition and enforcement of foreign court judgments in the United States legal system.
Category: Law

Foreign Law

Author : Arturo A. Flores
ISBN : OCLC:610410631
Genre : Comparative law
File Size : 77.60 MB
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Category: Comparative law

The Court And The World

Author : Stephen Breyer
ISBN : 9781101912072
Genre : Law
File Size : 28.44 MB
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"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
Category: Law

An Introduction To The American Legal System

Author : John M. Scheb
ISBN : 0766827593
Genre : Business & Economics
File Size : 52.5 MB
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"An Introduction to the American Legal System" is ideal for undergraduate students in legal studies, political science, criminal justice, pre-law, and sociology programs, paralegal programs, as well as for anyone with an interest in the historical and contemporary approaches to law in America.
Category: Business & Economics

Foreign Judgments In Israel

Author : Haggai Carmon
ISBN : 9783642320033
Genre : Law
File Size : 20.26 MB
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A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. -Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court
Category: Law

Civil Jurisdiction And Judgments

Author : Adrian Briggs
ISBN : 9781317566564
Genre : Law
File Size : 34.21 MB
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Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.
Category: Law

International Law In The U S Legal System

Author : Curtis A. Bradley
ISBN : 9780190217778
Genre : Law
File Size : 30.68 MB
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International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system within the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley covers all of the principal forms of international law: treaties, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic (including decisions and events arising out of the war on terrorism), while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Category: Law

International Civil Litigation In United States Courts

Author : Gary B. Born
ISBN : 9781454823971
Genre : Law
File Size : 35.1 MB
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Written by two leading scholar-practitioners in the field, International Civil Litigation in United States Courts offers a unique combination of excerpts of cases and materials, commentary, and detailed notes--in an accessible framework that integrates topics seamlessly. Much like the newly released edition of Mr. Born's International Arbitration casebook, this text promises to be the leader in its field. The Fifth Edition provides a thoroughly updated survey of the field, canvassing recent developments, such as the stream-of-commerce theory of personal jurisdiction, the immunity of government officials after Samantar , and the extraterritorial application of federal statutes after Morrison . Each chapter contains non-U.S. materials which support a comparative study of the topics covered in the book. International Civil Litigation in United States Courts features broad and inclusive coverage a manageable and transparent organization of topics extraordinary authorship that brings a wealth of experience in teaching and practice to every page integrated coverage of conflicts of laws enduring value as a reference source Updated throughout, highlights of the Fifth Edition reflect significant developments in the field: analyzes the most recent Supreme Court decisions in the field like Samantar, Morrison and the upcoming stream of commerce cases traces subsequent lower court activity following path breaking decisions like Sosa and Intel covers major legislative activity like the recent overhaul of the Foreign Sovereign Immunities Act even greater emphasis on comparative analysis of the topics covered such as jurisdiction, judgments and forum selection
Category: Law

Judgment Enforcement

Author : James Joseph Brown
ISBN : 9780735584853
Genre : Law
File Size : 25.1 MB
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When economic times are hard, clients need their debts collected and judgments enforced more than ever for their businesses to be viable. Collecting and enforcing judgments has become an important legal process in the United States and worldwide and is now becoming a very prominent and respected specialty of the law. Judgment Enforcement, Third Edition is a best-selling desktop reference with comprehensive information about the judgment enforcement process in general and many other areas in particular. This essential one-volume work presents a concise treatment of judgment enforcement practice from discovery to execution. You'll discover: How to find, freeze, and collect hidden assets How to obtain information on the assets available How to prepare and file enforcement-related pleadings and documents. Judgment Enforcement, Third Edition has more statutes, case law, rules of procedure, service of process tips and practice tips than any two volume series in the United States. It also includes a detailed discussion of the federal judgment enforcement provisions and strategies for international execution, as well as tips and strategies for effectively executing all judgments.
Category: Law

An Introduction To The Legal System Of The United States Fourth Edition

Author : E. Allan Farnsworth
ISBN : 9780199749713
Genre : Law
File Size : 82.92 MB
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In the updated, fourth edition of this classic text which has been translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a clear explanation of the structure and function of the U.S. legal system in one handy reference. An Introduction to the Legal System of the United States, Fourth Edition is designed to be a general introduction to the structure and function of the legal system of the United States, and is especially useful for those readers who lack familiarity with fundamental establishments and practices. This text also gives the reader a clear understanding of how to research the law, the importance of case law versus statutes, and the difference between private and public law. It illustrates issues that may be confusing or troublesome and provides a solid general overview. It includes a new introduction by Steve Sheppard.
Category: Law